Article II. The Faculty Senate

The Faculty Senate

A. Membership and Organization.

The membership of the Faculty Senate is described in Article I.A.2.a above. The president of the university shall be the president of the Faculty Senate. The chair of Faculty Council shall be the vice president of the Faculty Senate.

B. Meetings and Quorum.

The Faculty Senate shall meet semi-annually, as well as: 1) upon the call of the president or vice president of the Faculty Senate; 2) upon a resolution passed by a two-thirds majority of the entire voting membership of the Faculty Council; or 3) upon a petition signed by at least two hundred members of the Faculty Senate and submitted to the chair of the Faculty Council. Such calls, resolutions, or petitions shall set forth the specific purpose for calling the meeting. There must be at least 72-hours' notice to the faculty of a Faculty Senate meeting. The members of the Faculty Senate present at a meeting shall constitute a quorum. Proxy voting shall not be permitted.

The vice president of the Faculty Senate shall preside at meetings of the Senate and, in the absence of the vice president, the vice chair of the Faculty Council shall preside. The vice president of the Faculty Senate shall be responsible for having the minutes of meetings of the Faculty Senate recorded, preserved and published.

C. Functions.

The Faculty Senate, at its meetings, shall, as appropriate:hear reports of the president of the university, of the chair of the Faculty Council, and of committees of the Faculty Senate and Faculty Council

discuss issues raised by members of the faculty and administration

refer matters that it wishes to have studied to the Faculty Council, to any or all of the campus faculty assemblies, or to the appropriate standing or special committee(s)

establish special committees or procedures

dissolve special committees or revise procedures

refer to a mail ballot any substantive motions or resolutions that require a vote of the full Faculty Senate

Procedures. The Faculty Senate may act at any meeting upon matters of a procedural nature and may act to approve motions from the Privilege and Tenure Committee concerning changes in its bylaws or grievance procedures. It may act upon other substantive motions or resolutions before it only by deciding whether or not to refer the matter to a mail ballot of the whole membership of the Faculty Senate, as hereinafter provided in C.3 of this Article, and this rule may not be waived or suspended. Recommendations, motions or resolutions may originate from any member of the Faculty Senate, the Faculty Council or any of their committees. The Faculty Senate may amend the form of the matter before it and make recommendations to the originator(s) for further disposition.

Mail Ballots. A mail ballot, using USPS, campus mail, electronic mail and/or their recognized equivalents, on any subject may be authorized by a majority vote at any Faculty Senate or Faculty Council meeting. The text of any motion or resolution from a Faculty Senate member or the Faculty Council requiring action by the Faculty Senate through a mail ballot shall be distributed to the members of the Faculty Senate or published at least 72 hours in advance of the time of the meeting at which the proposal to conduct a mail ballot shall be brought to a vote. A two-thirds majority of those responding to the mail ballot shall be necessary for passage of motions or resolutions, and the vote shall be valid only if at least 200 responses to the mail ballot are received. Responses shall be made to the office of the Faculty Council. The ballots shall be tallied and the results certified by the Executive Committee of the Faculty Council. Mail ballots shall be distributed only after September 1 and prior to May 1 in any year. The date upon which the votes shall be tallied shall be provided. Except in extraordinary circumstances, that date shall be not less than thirty (30) days from the time of distribution of the ballots. Any exceptions to these procedures will be stated in this constitution where those exceptions apply.

Initiative. Petitions for action of the Faculty Senate by initiative shall be in writing and shall contain the complete text of the motion on which a vote is sought. If such a petition is signed by not less than 200 members of the Faculty Senate, the chair of the Faculty Council shall refer the matter to a vote of the full Faculty Senate by mail ballot as provided in C.3 of this Article. Such petitions also may be used to initiate amendments to this constitution, but in such cases the mail ballot shall be subject also to the requirements of Article VIII.

Referendum. Petitions to rescind any action of the Faculty Council by referring the matter to the full Faculty Senate shall be in writing and shall contain the complete text of the motion on which a vote is sought. If such a petition is signed by not less than 200 members of the Faculty Senate, the chair of the Faculty Council shall refer the matter to a vote of the full Faculty Senate by mail ballot, as provided in C.3 of this Article.

D. Faculty Senate Standing Committee(s).

1. Privilege and Tenure Committee (P & T Committee).

Definitions of Tenure, Privileges and Rights of Faculty. Tenure is one of the principal means of protecting the academic freedom of faculty. Tenure and privileges are enumerated in the Laws of the Regents. Faculty rights are enumerated in the Laws of the Regents and Regent Policies, and must also conform to the laws, regulations and constitutions of the United States and the State of Colorado.

Membership and Organization. [Click here to see corresponding section of they Bylaws] Members of the P & T Committee shall be approved by their respective faculty assemblies and then by Faculty Council and shall serve a term of three years. Terms are renewable. Efforts shall be made to ensure equal representation from all campuses and broad participation from diverse groups. The P & T Committee is organized as investigative panels, each with a chair. The committee officers and panel chairs shall be elected by the entire committee. No member of the faculty shall be eligible to sit on the committee for one academic year following the final decision about a grievance in which that faculty member is either the grievant or other interested party.

Meetings and Quorum.[Click here to see corresponding section of the Bylaws] The P & T Committee shall meet at least once during each of the fall and spring semesters and on the call of the chair. The quorum for a meeting of the P & T Committee shall consist of a majority of the voting members of the committee. Proxy voting shall not be permitted.

Functions. [Click here to see corresponding section of the Bylaws] The P & T Committee, through its panel structure, conducts investigations and mediations of, and hearings on, grievances concerning faculty rights, privileges, and tenure, including reappointments with or without tenure, promotions, post-tenure review and suspensions, that are submitted by members of the Faculty Senate. The P & T Committee considers contemplated dismissals for cause referred by the president or chancellor. In dismissal cases, the burden of proof shall be upon the university; in all other cases, the burden of proof shall be upon the faculty member. For all grievance cases, written conclusions and recommendations are made to the president and/or chancellor, as appropriate, with a copy to the grievant(s).

The P & T committee shall make recommendations concerning university policies and procedures on faculty rights and privileges that arise from the outcomes of grievance investigations. The P & T Committee shall also make recommendations concerning practices and procedures which appear to precipitate complaints. These recommendations shall be made to the Executive Committee of the Faculty Council for appropriate referral. The P & T Committee shall recommend additions or revisions to its bylaws and grievance procedures to the appropriate bodies for approval.

Legal Counsel. The chair of the P&T Committee is authorized by the Board of Regents to select licensed legal counsel, separate and distinct from the Office of the University Counsel and not under the supervision of the University Counsel, to advise the P&T Committee on issues of a legal nature which arise in the course of the committee's investigation or informal hearing of an individual grievance. The chair's selection of the individual attorney to provide advice to the committee is subject to the approval of University Counsel and other approvals required by law.